HC: Welfare of kid is essential in custody circumstances | Delhi Information

New Delhi: Delhi High Court has allowed a mother embroiled in a legal battle with her estranged husband to take her minor daughter abroad for a few days, observing that the paramount consideration has to be given to the welfare of children.
The high court was hearing a plea by the man challenging a June 8 order of a family court permitting the woman to take the child to Malaysia for nine days—from June 25 to July 3.
The high court refused to interfere with the family court’s order and said that any interference at this stage and such short notice would only cause mental trauma to the child. “This court is of the firm view that in the matter relating to custody of the children, the court has to give paramount consideration to the welfare of children,” Justice DK Sharma stated in a recent order.
Earlier, the man contended that the family court passed the order mechanically without taking into account the fact that the mother is a flight risk. He argued that the court had not even asked the woman to file an undertaking that she would bring back the child.
The high court stated that it does not find any perversity, malafide, or non-application of mind in the order of the family court. It, however, issued a notice to the woman and listed the matter for further hearing on July 15.


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